Natallie Evans, 32, from Trowbridge, Wilts, began her legal battle when her former fiance withdrew consent for IVF treatment after their relationship ended.

Muiris Lyons, Miss Evans's solicitor, said that the Court of Appeal ruling had left her heartbroken. "Her frozen embryos represent her last chance to have a child that is genetically hers."

Lord Justice Thorpe, dismissing the appeal yesterday, said destruction of the embryos would be deferred to give Ms Evans a chance to lodge an appeal at the House of Lords.

Another of the three appeal judges recommended that couples seeking IVF treatment should consider reaching an agreement about what would happen to their embryos if they separated or if the genetic father died before embryos were transferred to the woman.